Majority
Order affirmed, with ten dollars costs and disbursements.—
This is an appeal from an order of the Special Term denying a motion to vacate an order made at the Westchester County Special Term on the 6th day of December. 1890, granting leave to bring this action and to setaside and vacate all the proceedings subsequent thereto, including the judgment entered in this action. The great delay in making this motion would he a sufficient justification of its denial; but aside from the delay the motion was entirely destitute of merit. At most there was only irregularity in the original motion for leave to sue. The merits are all with the plaintiff and. no injustice has been -wrought. The order should he affirmed, with ten dollars costs and disbursements.
Brown, P. J., and Cullen J., concurred.